TM is listed as "DEAD" - safe to register the domain?

[draggar]

A domain is available that I could use. It is a generic term but there was a TM on it, filed in 1996 and "abandoned" in 1998 - the usage of the TM was also for the generic meaning (think if Windows.com was owned by Anderson Windows).

Would it be safe to register the domain? There are no active or pending TMs on it.

 

[Theo]

Regarding trademarks: they don't have to be registered in order to exist as such. However, an abandoned tm application for the term is an indication that the person/company primarily interested in using the mark, changed their mind or failed to provide the necessary information on time. Check the TDR section and see why it was abandoned.

 

[Sonny Banks]

I think it's safe to reg...

 

[draggar]

Nothing in the TDR section but I think the reason why it was abandoned is because there are two factions in this generic niche, both are fighting a serious battle and forgetting what the point of their niche is. Both have been around a lot longer than the TM was filed - the filer was the initial person who started this niche. I know both sides (though email and a mutual friend between all of us) and have no affiliation with either side but I have seen first hand how vicious this "war" is.

Think if Coke and Pepsi decided to have a war with each other and ended up spending all of their money fighting each other as opposed to development, listening to customers, and improving on their product.

Edit:
I found the reason on the TARR page:

Current Status: Abandoned-Failure To Respond Or Late Response

Edit #2:
This is actually a little scary to me now, someone can reigster a generic keyword for the generic's meaning?

 

[Theo]

So what was it, "juice" and it's about a soda?

 

[draggar]

No, those were irrelevant examples.

 

[Theo]

Trying to understand the statement "generic keyword" registered for its "generic meaning".

 

[draggar]

Trying to understand the statement "generic keyword" registered for its "generic meaning".

(think if Windows.com was owned by Anderson Windows).

Also think if Anderson filed a trademark for the word "windows" in reference to, well, windows.

(for those of you who don't know - Anderson is a window company: http://www.andersenwindows.com/)

 

[GAMEMAN]

It' safe

 

[Gerry]

Also think if Anderson filed a trademark for the word "windows" in reference to, well, windows.

(for those of you who don't know - Anderson is a window company: http://www.andersenwindows.com/)

There is a large section regarding generic words in USPTO legal area.

They specifically used the word bank as an example.

They will not allow award a TM on a generic word like bank or orange.

They will award a TM on what distinguishes a bank or orange.

Wachovia Bank
Orange Crush


Anderson Windows would be in that same classification.

Windows - no.

The qualifier is a specific brand and mark

Anderson Windows.

You have to take that word Trade Mark in its true form and simple terms.

It is a mark, design, logo, words that identifies a trade and distinguishes from others.

That is why there can and is multiple TM for the same word(s) or phrase(s).

They are all their own unique marks to the owner of the marks.

Being dead still does not make it safe to reg if others have it.